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My ex husband and I share joint legal custody of our 2 children. I got married in 2012 to a man that has been in my children's lives since 2010. He recently got incarcerated in a new York state facility. I would like to bring my children to see their stepfather however their biological father disagrees. Can I legally take them? Or would it be a violation because he doesn't agree?

Asked on 5/02/13, 3:26 pm

2 Answers from Attorneys

As far as I can tell, there is nothing to stop you from taking your children to the prison to visit their stepfather. However, you need to carefully consider whether it would be in the best interests of your children to bring them there.

Attorney Trager is correct and I simply want to add that it sounds like a very poor idea to transport the children to jail if this is ever brought back into court for enforcement of any clause of the agreement. I think it highly in advisable to rock the boat